Toro Bravo 4x4 Pre-Order Agreement Terms and Conditions
Final Price: The Final Price of the TORO BRAVO 4X4 Silver Spear vehicle (the “Vehicle”) will be based on Vehicle configuration you select and will include taxes and government fees.
Terms and Conditions: This agreement (the “Agreement”) shall be considered legally binding and effective as of the date you sign this Agreement, sign the Vehicle Spec Sheet (see below), and make your Pre-Order payment.
Final Vehicle Configuration: The final Vehicle configuration, including the price, will be presented to you for approval in a written Vehicle specification document (“Vehicle Spec Sheet”). If you approve the Vehicle configuration and price, you will sign and return the Vehicle Spec Sheet, which will be appended to this Agreement and become a part of the Agreement. Once approved, the final Vehicle configuration cannot be changed except by written agreement signed by both parties.
Purchase and Delivery.
You agree to purchase the Vehicle at the price and with the configuration set forth in the Vehicle Spec Sheet. Provided the full purchase price has been paid, the Vehicle will be delivered on or before the date set forth in the Vehicle Spec Sheet, and pursuant to the terms and conditions of this Agreement.
Additional features, options or hardware released to the public after you place the order may not be available at the time of delivery or may have changed.
You must be at least 18 years of age and be a resident of the United States of America to Pre-Order the Vehicle.
Cancellation or Changes in the Pre-Order Process.
After completing your Pre-Order, if additional options become available for production you will be invited to add those to your final configuration of the Vehicle. If accepted, you will then be issued an updated Vehicle Spec Sheet which will include the additional option configuration you selected. Until your vehicle is delivered to you, you may cancel this Agreement at any time; however, we may retain as liquidated damages your Pre-Order payment to cover the cost of building your Vehicle up through the date of cancellation. When you take delivery of your Vehicle, the final purchase price will be offset by the amount of your Pre-Order payment.
Delivery.
TORO BRAVO 4X4 will provide a list of locations where you can pick up your vehicle. In addition to the above locations, TORO BRAVO 4X4 will assist you in arranging delivery to you at an additional cost. You agree to schedule and take delivery of your Vehicle within 2 weeks of being notified that your Vehicle is ready for delivery. If you fail to take delivery by the date specified, your Vehicle will be made available for sale to other customers on the waiting list and we will have the right to retain your Pre-Order payment as liquidated damages.
You hereby understand that TORO BRAVO 4X4 will not have completed the final design of the Vehicle and production of the Vehicle at the time you enter into this Agreement. We will keep you up to date on when you can expect delivery of your Vehicle. Actual delivery date will be based on a production schedule and supply chain demands. TORO BRAVO 4X4 will retain your Pre-Order Payment and title the Vehicle until you make final payment and take delivery of your Vehicle.
Shipping of the vehicle will be executed by a third-party common carrier. You agree that transfer of title and risk of loss to you and delivery of the vehicle to you will occur at the time that the vehicle is loaded onto the carrier. The carrier will insure the vehicle while the vehicle is in transit and you will be the beneficiary of any losses, claims or damage that occur while the vehicle is in possession of the carrier.
Pre-Order Price, Taxes and Official Fees.
The final pre-order price will be confirmed based on your Vehicle configuration and you will be provided with a Vehicle Spec Sheet. Final costs of Government fees and taxes will be calculated at the time of the final sale and not before that date but will be reflected on your Vehicle Spec Sheet prior to delivery of said Vehicle.
Limited Availability.
2023 Production of TORO BRAVO 4X4 Silver Spears’ will be limited. Once TORO BRAVO reaches capacity you will be notified if you have qualified to receive an offer to purchase a 2023 Vehicle or you are on the waiting list. If you are placed on the waiting list, you will have priority over other customers if you wish to purchase a 2024 TORO BRAVO 4X4.
No Resellers.
TORO BRAVO 4X4 may cancel any order we believe has been made with intent to resell the Vehicle or made in bad faith.
Communications.
By signing this Agreement, you hereby consent to be contacted by text, wireless telephone and emails provided by you on your order form and you hereby acknowledge that you may be charged by your carriers.
Warranty.
You will receive a warranty for the Vehicle with delivery.
Limitation of Liability.
Toro Bravo 4X4 or affiliates are not liable for any incidental, special or consequential damages that arise out of this document and Agreement. Your sole and exclusive remedy under this agreement is limited to your reimbursement of your Pre-Order Payment.
Agreement to Arbitrate.
Any claim or dispute that arises out of or relates to this Agreement, or to breach or interpretation thereof, or to the validity, scope or to the existence of this Agreement shall be resolved through arbitration. The Arbitrator may only resolve disputes between you and TORO BRAVO 4x4 LLC and may not consolidate claims.
Waiver of Class Action.
The parties agree that any arbitration shall be conducted in each party’s respective individual capacity only and not in other representative action or as a class action. You waive the right to file a class action or seek relief on a class action basis.
Entire Agreement.
This agreement is effective and entered into as of the date you accept this agreement by electronic means. By accepting and confirming this Agreement, you Agree to the terms and conditions of this Agreement.
